What to Do if You Can’t Return to Work After an Auto Accident
The physical, mental, and emotional trauma from injuries and other damages in a car accident is something that can cause lasting turmoil in your life. Treatment for your injuries can be very expensive, putting a lot of stress on your finances especially if you are unable to return to work after your accident.
If you have sustained severe injuries in an accident that compel you to be absent from work as you recover, the law entitles you to seek monetary compensation for your lost wages, medical treatment bills, and emotional trauma.
Damages That I Qualify for, If I Cannot Return to Work After an Auto Accident
Apart from the lost wages you may receive from the insurance company, if your injuries from an accident force you out of work, there are several other types of work-related reimbursements that you are entitled to.
Loss of Wages
Lost wages are the amount of money you would have received during the time that you were absent from work due to your injuries. For instance, if you fractured your wrist, making you unfit for work for two months, you may recover two months’ wages that you lost while recovering from your injury.
Loss of Earning Capacity
This refers to the amount of money you could have earned if your injuries had not prevented you from doing so. This situation usually arises due to grievous injuries that may cause long-term debilitation or disability. If your severe leg injury forces you to spend the rest of your life in a wheelchair, thus drastically cutting down your earning ability, you may claim reimbursement for your loss of earning capacity.
Loss of Earning Opportunities
This usually applies to individuals working as independent contractors or on a commission basis. If the injuries sustained in an accident lead to you missing out on employment or an opportunity for monetary gain, the law empowers you to seek and recover compensation for such potential earnings.
Other Damages That I Can Claim
It hardly matters whether the nature of your employment was full-time, part-time, casual, or contractual; or even if you were self-employed. In addition to the compensation stated above, you can file a compensation claim for the following:
- Missed overtime
- Sick leave and vacation breaks
- Missed business meetings and special projects
- Bonuses
- Tips
- Perks
How Can I Recover Lost Wages?
To claim and recover lost wages due to your injuries in an auto accident, it is essential that you are able to demonstrate and establish two important things. These are:
- Your absence from work was because of the injuries you sustained in the accident
- The amount of money you would have earned if it wasn’t for your injuries
You will need meticulous documentation of your income in order to prove that you missed work due to your injuries, including medical reports from your doctor. Your supervisor must provide the following written information on company letterhead:
- Your name and position
- Your wages at the time of your injury
- Work hours that you missed because of your injuries
Gathering proof of lost wages for self-employed individuals and casual workers may be somewhat difficult. Copies of your recent tax return or pay stubs from the time just prior to the accident may help in these cases.
Who Will Compensate Me for My Lost Wages?
Assigning liability and recovering money in a compensation claim after an accident, can be quite tricky and complex. Your best bet in the situation is to work with an experienced personal injury attorney to recover the money for your lost wages and other damages due to your injuries in an auto accident.
Can I Recover My Lost Wages from My Insurance After a Car Accident?
If you are unable to return to work after an auto accident, these are the insurance plans that may cover compensation for your lost wages or lost earning opportunities:
Uninsured Motorist Coverage
If your injuries were sustained in an accident caused by an inadequately insured or uninsured driver, and you have uninsured motorist coverage in your plan, you are likely to receive compensation under that policy.
Liability Bodily Injury Coverage
If the other driver’s negligence in causing the accident that resulted in your injuries is established, you may use the at-fault party’s liability insurance coverage to file a claim for your lost wages.
You must consult with your auto accident attorney or insurance agent to find out more legal options that can help you recover damages for your lost earnings and opportunities.
Speak with a Seasoned Lawyer to Recover Your Lost Wages
Being unable to work, for whatsoever reason, can place you under a lot of stress. If you are suffering because of someone else’s negligence and are under financial constraint due to the expenses and losses stemming from your accident, our Mississippi auto accident attorneys at Gardner Law Firm are here to help
Our lawyers have the in-depth knowledge and skills required to handle insurance claims and help you recover the maximum possible compensation that you deserve. We can guide you through the intricate legal process while letting you focus on fully recovering from your injuries.
Our offices are located throughout southeast Mississippi, including in Biloxi, Pascagoula, and Hattiesburg. Contact us online, or call us at (228) 900-9618 to schedule a free consultation regarding your case.
